When are US patent maintenance fees due?
US utility patents require three maintenance fees, due at 3.5, 7.5, and 11.5 years after the patent grant date. Unlike Canada's annual annuities, the US charges only these three lump sums. Each has a 6-month grace period during which the fee plus a surcharge can be paid before the patent expires.
How much are US patent maintenance fees?
For a large entity in 2024, the fees are approximately $2,000 at 3.5 years, $3,760 at 7.5 years, and $7,700 at 11.5 years — about $13,460 total. Small entities pay 50% and micro entities pay 75% less. Fees increase at each stage to encourage abandonment of low-value patents.
Do design patents have maintenance fees?
No. US design patents and plant patents require no maintenance fees. Only utility patents carry the 3.5, 7.5, and 11.5-year maintenance fees. Design patents last 15 years from grant with no further payments, which makes them comparatively inexpensive to maintain.
What happens if I miss a US maintenance fee?
If you miss the due date, you have a 6-month grace period to pay the fee plus a surcharge. If you still do not pay, the patent expires. Reinstatement is possible by petition if the delay was unintentional, along with the outstanding fee and a substantial petition fee.